How To Adopt A Child In India?

The wonderful and lawful way to give a child a permanent family and home is through adoption. In India, the rules for adoption are set forth by different personal laws and statutory acts, depending on the religion of the adoptive parents. Any such activities are governed by the Ministry of Women & Child Development whereas the Central Adoption Resource Authority (CARA) is an authority that regulates and monitors all adoption procedures in the country. 

This article discusses child adoption rules & laws in India, with areas including eligibility and laws governing adoption based on religion, the legal process for adoptions, and insights into the possibility of adoption by a single parent.

Child Adoption Rule & Law in India

In India, adoption can be made mainly by applying personal religious laws (for Hindus) or else the secular Juvenile Justice Act 2015 which is available for adoption irrespective of religion for any Indian citizen.

The Central Adoption Resource Authority (CARA), which works under the Ministry of Women & Child Development, is an apex body for all operations concerning the regulation of adoptions. The purpose of this web page is to allow potential adoptive parents to register. Presently, the adoption regulations 2022 will take all prospective adoptions through a legal procedure which is ethical and aims at serving the best interest of the child at every stage.

Child Adoption in India: Hindu Law, Parsi Law, Christian Law, Guardian and Ward Act of 1890, Section 38 of the HMA

Hindu Law:

• The Hindu Adoption and Maintenance Act 1956 permits Hindus, Buddhists, Sikhs, and, Jains to adopt legally, conferring the adopted child full rights to inheritance. The Hindu male, however, requires the consent of his wife, unless she is legally separated or of unsound mind.

Parsi and Christian Law:

• The Parsi and the Christian cannot formally "adopt" according to their personal laws. Unless expressly granted in a will, they must function under the Guardian and Wards Act of 1890, which designates the adult as the guardian and the child as a ward, violating the child's automatic right to inherit. Full rights must be acquired under the Juvenile Justice Act 2015. 

Guardian and Wards Act of 1890:

• This law is secular in nature and operates in cases of adoption of which religious laws do not provide for. It is a law appointing guardians and does not grant legal parenthood. Therefore, this law is always clubbed with some other procedures for complete rights of adoption.

Section 38 of the HMA (Hindu Marriage Act):

• Given Section 38 of the Hindu Marriage Act, if there is any dispute concerning child custody or adoption in regard to marital order, court permission will be sought.

Adoption Age for Men & Women

Age matters in adopting a child. Adoption regulation 2022 briefly outlines the eligibility:

• The age range for adoption is from 25 to 55 years of age for person or couple
• The child and the adoptive parent must be at least 25 years apart in age.
• The couple must have been married for at least two years, living together as husband and wife, before they can apply to adopt jointly.

The overall upper age limit of the adopting couple is extended to: 

• Maximum 45 years for adopting a child below 4 years 
• Maximum 50 years for adopting children between the ages of 4 to 8
• Maximum 55 years for adopting children older than 8 

Besides this, men and women also need to undergo a thorough medical evaluation for their physical and mental fitness to parent a child.

How a Single Parent Can Adopt a Child?

It is permissible for any single person to adopt a child in India; nevertheless, there are certain eligibility criteria that have to be satisfied:

• Single women can adopt any child, whether male or female.
• Only male children may be adopted by unmarried men.
• Query regarding financial stability, emotional maturity and strong support system will have to be proved.
• The procedure for court permission requires an examination of lifestyle, income, health, and support system.

Besides this, they must be registered with the Central Adoption Resource Authority (CARA) and will undergo home study and background verification.

Legal Process of Adoption in India

This is a step-by-step outline regarding the legal process that can be adopted in India for an adoption event: 

1. Registration: The prospective parent(s) must register on the official CARA portal. 

2. Home Study and Counselling: An authorized agency shall do a home study and medical evaluation. 

3. Child Referral: Once cleared, the agency referrers a legally free child. 

4. Acceptance: The parents accept the child by signing requisite documents. 

5. Petition Filing: A petition is to be filed in the court for final custody. 

6. Court Hearing & Order: The judge ensures everything is in the child's best interest before granting court permission. 

7. Follow-Up: Up to two years, the agency conducts periodic checks to ensure the child is doing well.

Role of Central Adoption Resource Authority (CARA)

Central Adoption Resource Authority (CARA) is the nodal body which facilitates and monitors all in-country and inter-country adoptions. The Ministry of Women & Child Development oversees its operations. CARA ensures that: 

• All adoption processes must be open.
• Prospective parents meet the eligibility criteria, 
• Children are put in loving, secure homes, and 
• Agencies follow adoption regulations 2022.

Conclusion

In India, adoption is a responsible, legal, and emotional procedure. India is governed by different personal and statutory laws to ensure safety and future provision regarding the child. Whether through the Hindu adoption and maintenance act 1956, Juvenile Justice Act 2015, or the Guardian and Ward Act of 1890, the legal process prioritizes the child's welfare. 

With the ministry of women and child development in place, with proper guidance from the Central Adoption Resource Authority (CARA), and under strict compliance with the adoption regulations 2022, the adoption system in India is made in such a way that it protects more of the children and parents who want to adopt them. People dreaming of adopting either as a couple or single parent have to learn the legal framework, do a medical evaluation, and prepare for the responsibility of giving a loving home.

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